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Mental cruelty is no less than physical cruelty: Uttarakhand HC

Team SoOLEGAL 1 Sep 2020 11:00am

Mental cruelty is no less than physical cruelty: Uttarakhand HC

On August 29, 2020, the Uttarakhand High Court was of the view that mental cruelty and physical cruelty both are same in nature and a valid ground for dissolution of marriage. Justice Ravi Vijaykumar Malimath and Justice Narayan Singh Dhanik were hearing the appeal which was filed by the wife against the decree of divorce passed by the lower court.

Rajesh Gaur and Anita Gaur got married in the year 1999 and the husband filed for divorce against his wife on the ground of cruelty in the year 2014.

According to the husband, there was a dramatic shift in the actions of his wife about five years ago, and a number of expensive objects, jewelry, currency, etc. were missing from the home. A few years later, he began to receive phone calls from people asking him to either return the money or he would have been kidnapped. The husband claimed that his wife had admitted that she had borrowed money on interest at 10% per month and had bought ornaments and clothing on credit. After receiving continuous threats, he and his wife decided to go back to Dehradun. A Panchayat was then held in the village, where his wife had admitted her mistakes in writing.

After this incident the husband filed a divorce but his wife rejected his claim and said that she was being treated and harassed badly by her husband. The wife also had filed a complaint against her husband in Women Cell and had also lodged a case under Section 494 of Indian Penal Code, 1860 against the husband.

On the basis of the facts, the Court passed a divorce order and ruled that the acts claimed by the husband against his wife constitute as cruelty. In the present case, according to the High Court, the wife failed to explain the allegations made by her against her husband. The Court ruled that such acts and actions on the part of a woman entail cruelty.

 Uttarakhand High Court had upheld the order of the Family Court and dismissed the appeal of the wife against the decree of divorce.



Tagged: Mental cruelty   physical cruelty   Uttarakhand HC   Justice Ravi Vijaykumar Malimath   Justice Narayan Singh Dhanik   lower court   Indian Penal Code   Family Court  
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